Saturday, September 14, 2013

But it's not me who came up with this--it's actually in the Constitution.

Article I, Section 8, clause 16 not only gives congress the power to arm the militia, but it also gives it the authority to organise
it. And given that the Supremacy clause (Article VI, Paragraph 2 of
the Constitution) states that "the Laws of the United States which shall
be made" according to the Constitution are the Supreme Law of the land,
that means that if the Congress says the National Guard is the milita:
Tough shit, pal, it's THE MILITIA.

So, unless you are seriously suggesting the
dismantling/radical reorganisation of the United States Military, then
you are out of luck.

Even then, you have got to be willing to be enrolled (enlisted) to claim the right.

As Joseph Story said in his Commentaries on the Constitution 3:§ 1890:

And
yet, though this truth would seem so clear, and the importance of a
well regulated militia would seem so undeniable, it cannot be disguised,
that among the American people there is a growing indifference to any
system of militia discipline, and a strong disposition, from a sense of
its burthens, to be rid of all regulations. How it is practicable to
keep the people duly armed without some organization, it is difficult to
see. There is certainly no small danger, that indifference may lead to
disgust, and disgust to contempt; and thus gradually undermine all the
protection intended by this clause of our national bill of rights.

Bottom
line--if you have a problem with something being "a creature of Federal
Law"--then you really have a problem with the US Constitution.

But, as I like to say, some people who claim to defend the Constitution need to study up on what exactly they claim to be defending.

A well-regulated militia was seen as a bullwark against the establishment of a standing army (large military apparatus).

The founders were well aware of ancient history (Roman and Greek) and knew that tyrants wanted a large military.

In
the exact sense, a tyrant is an individual who arrogates to himself the
royal authority without having a right to it. This is how the Greeks
understood the word 'tyrant': they applied it indifferently to good and
bad princes whose authority was not legitimate. [Rousseau, "The Social
Contract"]

IOW, if "Chief" Kessler wants to kill tyrants, then the next time he needs to make sure it's lethal shoots himself.

You have to remember the Tory quip about the War for Independence that they would rather be ruled by "one tyrant who was 3000 miles away than 3000 tyrants a mile away".

Also, don't forget that tyrrants can usurp power, which is why the militia is "well-regulated"--that is under civilian control (and the Domestic Violence Clause exists). The entire standing army v. militia debate was about how much control would there be over the military. And makes it far more likely that the Second Amendment was intended on addressing the militia, not private arms, since the US Constitution says it is intended to address the common defence.

Let's put it this way, there is far more evidence that the Second Amendment was intended to protect the "Well-regulated Militia" than private arms.

Friday, September 13, 2013

The overwhelming consensus was that the Second Amendment gave state
militias a right to obtain and bear arms, but it did it not give
individuals any rights. … The words of the Second Amendment are
ungrammatical and difficult to understand in the best of circumstances.
But if you look at the history and context of the amendment, including
other references to state militias in the Constitution, it suggests that
the amendment only applied to state militias.

Now what makes this subject so difficult in the modern world is that
state militias don’t exist anymore, so we have no familiarity with what a
state militia is. But it was simply taken as a given in constitutional
law that the Second Amendment did not give individuals a right to bear
arms.

Of course, what is really needed isn't a legal scholar (or someone who is just a legal scholar), but someone who is also a military historian of the first rate since what the Second Amendment addresses is national defence and how what would that look like in the nascent republic. Also, one has to understand that the founding fathers had this idea that they were the new Romans (which could be an accurate assessment since the Romans were basically warlike not very intellectual, but were fond of the Greeks who were).

Anyway, there is loads of evidence that the militia was already irrelevant by the time of the War for Independence (see Adam Smith infra):

But, I'm not going to stop the likes of Greg from believing whatever he wants even though he can't provide a good basis for his belief other than he wants it to be so.

Hospitals in the U.S. spent $630 million in 2010 treating the victims of gun violence -- everything from minor gunshot wounds to injuries that required days-long stays -- and public funds provided most of that money. The Medicaid costs of gun violence alone that year amounted to approximately $327 million.

Notably, the report found that the average cost of a hospital visit for a gun violence victim is $14,000 more than that of the average hospital stay, due to the severity of the injuries often involved.

Lawmakers could significantly shrink these costs by making firearms less widely available, Howell said.

“This is a preventable cost. If more could be done to prevent these firearm incidents, then the cost will go down,” Howell said. “Society is paying for this, very few of these people have private insurance.”

The true economic cost of gun violence is much larger that what hospitals are spending on care. The Centers for Disease Control and Prevention estimated that gun violence deaths cost the U.S. economy $37 billion and gun injuries $3.7 billion in 2005, the last year the public health agency conducted an analysis. In addition, taxpayers often end up footing the bill for social services for gun violence victims, as well as building the expensive hospital trauma units needed for their treatment.

Every year from 1998 through 2010, the NRA spent at least ten times more than the NSSF on direct lobbying. Today those numbers are converging—the NRA has spent $1.7 million so far in 2013, compared to $1.1 million spent by the NSSF, mostly in efforts to loosen state requirements for concealed carry permits.

Los Gatos PatchA bill authored by Assemblywoman Nancy Skinner, D-Berkeley, that would ban kits that convert guns into assault-type weapons was approved in a state Assembly concurrence vote Wednesday and has been sent to Gov. Jerry Brown.

Assembly Bill 48, which passed by a vote of 43-30, also would make it illegal to buy large-capacity magazines that allow people to fire multiple bullets quickly without reloading. Skinner said assault weapons are banned under California law but people can get around that by buying a conversion kit that allows them to take a gun cartridge out and put in a high-capacity magazine that turns a gun into an assault-style weapon. AB 48 is the third gun control measure authored or co-authored by Skinner to be sent to Brown for his signature.

He has until Oct. 13 to sign all three measures.

On Tuesday, an Assembly concurrence vote approved AB 1131, which would extend the time period a person who makes a credible threat of violence is prohibited from owning firearms from six months to five years. Last Friday, legislators approved AB 180, which was co-authored by Skinner and Assemblyman Rob Bonta, D-Oakland, which would pre-empt state law and provide Oakland with additional tools to more strictly regulate the registration and licensing of firearms.

Skinner's spokeswoman, Tracy Morales, said today that Brown, who formerly served as Oakland's mayor, hasn't indicated whether he will sign the gun control bills.

Local news reports further to our earlier report on the arrest.A judge Thursday found 20-year-old Cody Delacruz guilty of a felony charge of Involuntary Manslaughter during what's termed a stipulated bench trial in Knox County Circuit Court. A stipulated bench trial essentially means that both sides agree that evidence presented by the state would be the same as presented at a trial, then a judge renders a verdict.Delacruz was arrested March 14th, when police were called to a home in the four-hundred block of Olive Street. Prosecutors say Delacruz had been drinking and previously smoked marijuana when he showed a rifle he owns to friends. The gun was loaded and it went off, hitting 18-year-old Isaiah Stevenson in the chest. Stevenson, died at a hospital a short time later.I don't think education is that answer to this problem. That's what some of our pro-gun friends say. My opinion is that guys like young Cody are too stupid and reckless to respond to the education about firearms safety that they've already received.Most of these guys come from homes in which their fathers and uncles and older brothers used guns. They've been instructed all their lives about the basic common sense ways to avoid accidents, yet, here they are in the news day in and day out.The answer is a strict one-strike-you're-out policy. Dangerous guys like this have to be disarmed early on, in as many cases as possible, BEFORE they kill someone.What's your opinion? Please leave a comment.

Thursday, September 12, 2013

Here is a revolver.
It has an amazing language all its own.
It delivers unmistakable ultimatums.
It is the last word.
A simple, little human forefinger can tell a terrible story with it.
Hunger, fear, revenge, robbery, hide behind it.
It is the claw of the jungle made quick and powerful.
It is the club of the savage turned to magnificent precision.
It is more rapid than any judge or court of law.
It is less subtle and treacherous than any one lawyer or ten.
When it has spoken, the case can not be appealed to the supreme
court, nor any mandamus nor any injunction nor any stay of ex-
ecution come in and interfere with the original purpose.
And nothing in human philosophy persists more strangely than the
old belief that God is always on the side of those who have the
most revolvers.

The Republican-controlled Missouri state Senate defeated an effort to nullify federal gun laws in the state by one vote Wednesday night.

During a contentious session, state senators failed to override Gov. Jay Nixon's (D) veto of a bill passed earlier this year that said federal gun laws that the state deemed to be in conflict with Second Amendment rights couldn't be enforced in Missouri. The bill would also have made federal agents enforcing such laws subject to arrest in the state, and would have prohibited the publication of the names of gun owners.

The Senate voted 22-12 to override the veto, but fell one vote short of the 23 needed. The Republican-controlled state House of Representatives voted earlier Wednesday to override Nixon's veto.

So, I guess it's not all celebratory gunfire and victory dances for the gun-rights fanatics after all.

Addicting InfoIt appears that George Zimmerman may have conned the cons. After his recentaltercationwith his wife, his attorney, Mark O’Mara told ABC News in a September 10th interview that he would no longer be representing Zimmerman. That shouldn't be surprising, considering that Zimmerman was almost arrested outside of the home of his estranged wife earlier in the week for an alleged domestic violence incident. While some media sites have claimed that the police stated Zimmerman didn't have a gun, these reports, according to Zimmermans’s own attorney, are false. In an interview withCNN’s Anderson Cooper, O’Mara said that Zimmermanwas in possession of a weaponwhen he went to his wife’s home.

What might be surprising, however, is that O’Mara may not have dropped Zimmerman because of his tendency to get into trouble with the law. During the ABC interview, when O’Mara was asked if he had any advice for his former client, he said this:

A teenager in central Missouri shot and killed himself Tuesday as police were taking him into custody for allegedly sending a friend a text message threatening violence at his school.

17-year-old Jacob Meadows died at a nearby hospital due to a self inflicted gunshot wound to the chest. The Southern Boone School District schools were closed yesterday after the superintendent became aware of the text message that threatened violence at South Boone High School. Police decided that the threat was serious and credible, and authorities arrived at the home of the teen in the early hours of the morning on Tuesday to take him into custody.

According to officers at the scene, >Meadows was cooperative when police came to take him in, and when they let him go to his room to retrieve clothes, he took a gun and shot himself. It’s not yet known who owned the gun, but authorities say that it had already been in the house.

Boone County Sherriff’s Department Chief Deputy Major Tom Reddin says there were no signs that Meadows would take his own life as officers arrived to the boy’s home.

"He was being very cooperative with the law enforcement that was there on the scene," said Reddin. "He was giving no indication that this was on his mind or that he might act in this way at this time."

While authorities have yet to release the alleged threatening text message, Reddin says that, “It indicated that something dramatic and threatening was going to be happening at school today, to include loss of life.”

What the pro-gun voices are not telling us, busy as they are with their celebratory gunfire over this, is that Colorado has 35 State Senators. The NRA cherry-picked the most vulnerable ones to punish and one of them said it best, the new gun control laws still stand.

A Rocky Mountain earthquake in the form of Tuesday’s successful recall drives targeting two prominent Democrats who advocate gun control has shifted the state and national political landscape going into the 2014 elections. The shocking defeat Tuesday night of two state lawmakers in Colorado’s first-ever legislative recall election despite a 7-1 spending advantage by gun control proponents represented a double blow for Democrats. It could hobble the party’s political dominance in the state and reshape the political debate over gun laws nationally in the 2014 midterm elections. Senate President John Morse and state Sen. Angela Giron lost their seats despite massive outside help from gun control forces, led by New York City Mayor Michael R. Bloomberg.
Gun rights advocates seized on another win after the U.S. Senate rejected a package of gun control measures pushed by President Obama in the months after the December shootings at an elementary school in Newtown, Conn. “This clearly affects the national gun debate in that this alternate strategy of Mayor Bloomberg to take this fight to the states instead of Washington has obviously taken a hit,” said Denver pollster Floyd Ciruli. “The recall is now a new tool for passionate believers in the Second Amendment.” Nowhere was that more evident than in the Giron recall in heavily Democratic Pueblo. Ms. Giron lost by a whopping 56 percent to 44 percent. “I was dumbfounded by the results of the recall out of Senate District 3,” said Republican strategist Dick Wadhams, who was not involved the recall. “I underestimated the power of conservative Democrats to basically turn on a Democratic incumbent.”

Well, I suppose the people have spoken. I was always a bit surprised at Colorado taking such a prominent position in the gun control movement. I had always seen it as sort-of a western Mississippi. I guess I was right.

I do question that "7-1 spending advantage by gun control proponents," as well as the idea that “This clearly affects the national gun debate." This is the Washington Times talking after all.

The Charlotte ObserverA convicted felon forbidden from carrying guns was arrested Wednesday after a pistol he was handling accidentally discharged and killed his friend, also a felon.

Robert Hood, 35, died Tuesday night after meeting with his friend, Demario Buchanon, 30, near Brooklyn Avenue so they could either trade or sell a gun, said Maj. Matt Shaw of the Lancaster County Sheriff's Office.

During the meeting, Hood, who deputies had just charged last month with driving under suspension, and Buchanon were handling the weapon when it accidentally discharged and struck Hood one time in the stomach.

The shooting was accidental, Shaw said, adding that the men were not angry with each other or arguing. Hood lived at 497 South Ave., said Lancaster County Deputy Coroner Glen Crawford, who also confirmed that the shooting appeared accidental.

Has anyone else noticed how almost all the negligent discharge stories we read about are committed by lawful gun owners. This one is a rare exception. But, why? Why would that be? Is it simple proportions?

A 17-year-old charged with a felony in the accidental shooting of his 2-month-old nephew had reloaded the gun after his brother removed the bullets, according to charges filed Wednesday in Hennepin County District Court.

James Devone Early faces a single count of reckless discharge of a firearm, a felony, five days after his nephew was shot in the neck in a north Minneapolis home. Early turned himself in to police Tuesday.

The child, Isaac Lorenzo Early Jr., was wounded Thursday night in a duplex unit in the 2400 block of Emerson Avenue N. On Wednesday, he remained in critical but stable condition at Hennepin County Medical Center with a bullet lodged in his neck.

James Early, who is being held at the Juvenile Detention Center, is being charged as an adult.

“What is a 17-year-old, or anyone, doing running around with a gun in front of a 2-month-old?” Hennepin County Attorney Mike Freeman said Wednesday. “This is unnecessary, ludicrous, irresponsible and it’s got to stop.”

Naturally the adult owner of the gun walks. That's a second tragedy in this story.

The state Senate has approved a bill making it a misdemeanor to store a firearm where it is accessible to a child.

Existing laws allow charges to be filed if someone is injured. But AB231 by Democratic Assemblyman Philip Ting of San Francisco makes it a crime to store any loaded firearm where the owner reasonably should know that a child is likely to gain access to it.

The bill passed the Senate on a 24-15 vote Monday. It now returns to the Assembly for final action.

This will immediately be added to my personal list of Proper Gun Control Laws. Of course, the California model doesn't go nearly far enough. Violation of this law should result in a felony and consequent loss of gun rights.

One of the points made by TTAG commenters was that the Iowa situation makes them look bad, that gun control folks and fence-sitters will be inclined to mover further away from gun rights as a result of this.

I agree.

This has got to be one of the best examples we've seen yet of the fanaticism and close-mindedness of the gun-rights movement.

Unlike the "Armed Intellegentsia," as the commenters on The Truth About Guns are called, our own site is a bit more polarized. Our pro-gun commenters are more uniformly extremist. I don't think a one of them agreed that blind folks are unfit to own and operate guns.

Why is that? Well, I suspect some of our guys are blindly contentious and tend to oppose anything that is suggested here. If I said the sky is blue, they'd immediately insist that on a cloudy day there's no evidence to support my observation. It's kinda funny really, but it does become a drag after a while and it certainly draws into question their overall honesty.

Frank Wardell Hudson, owner of Cowboy Leather Company, was found at his home by police the past Wednesday. His death is reported to be the result of an accidental gun shooting that possibly happened while cleaning a gun.

Late Saturday afternoon, an 11-year-old boy shot himself in the right foot, at his home, north of North Platte.
The boy took a .22 caliber single shot rifle from his home's top closet shelf.
The boys and a couple friends wanted to shoot birds at their homemade fort. The Lincoln County Sheriff’s office says the boy knew enough to find the ammo, get it out of the house, and load it.
The investigation revealed the boy picked the firearm up by the butt stock and trigger.
The gun went off shooting him in the right foot.His mom took him to the hospital.
Officials say no charges will be filed as the case is accidental.

Tuesday, September 10, 2013

As someone with a bit of experience in the unmanned aircraft world, allow me to explain, once more, how gunloons are dummies.

Setting aside the paranoia and conspiracy theories surrounding drones, they are remarkably hard to shoot down. After all, drones have been deployed to honest-to-Flying Spaghetti Monster combat zones against fighters with military-grade weapons, tactics, and training.

Yes, drones have been shot down. Less than 5 of the earlier UAV variants were shot down in Kosovo using anti-aircraft weapons and shoulder-fired missile launchers. But when drones go down--infrequently-- it's usually because of a mechanical malfunction. Moreover, today's drones are better protected in terms of avionics (the part you need to disable)--standard hunting gear just ain't gonna do it.

Of course, this ignores the fact that shooting a moving aircraft at a distance of well over 600 feet with a legal firearm --ain't gonna happen. And let's not forget--gunloons aren't the brightest among us --can they distinguish between the Evvvvilll Gobbbeermint drone and the Piper Cub? And let us not forget that throwing lead into the air for no good reason has bad consequences

"Firing at a movement or a noise without being absolutely certain of what you are shooting at constitutes disregard for the safety of others. No target is so important that you cannot take the time before you pull the trigger to be absolutely certain of your target and where your shot will stop."

“It must have dislodged,” Sgt. Gary Robertson said of the single-action Freedom Arms 454 Casull. “The only way that goes off is with the hammer cocked.”

Titus had been sitting outside the apartment with a woman when she heard a noise, prompting Titus to retrieve the gun from his apartment and search for the source of the noise, Robertson said. Apparently satisfied that there was no threat, Titus returned to the woman and sat back down with the large-caliber revolver in his waistband, said Robertson.

The couple chatted for a bit, then Titus moved to his right, accidentally causing the gun to fire, Robertson said.

Nerrek Galley, who was granted a personal recognizance bond on Monday afternoon, listens to Judge Frederic Rodgers in the courtroom at the Boulder County Jail. Galley is accused of giving a juvenile a handgun and suspected of accidentally shooting and killing Premila Lal on Friday night. ( PAUL AIKEN )

A 21-year-old Longmont man suspected in the accidental shooting death of a friend will wait another week before he finds out what charges he may face.

Nerrek Galley appeared in Boulder County Court at the Boulder County Jail on Monday afternoon for a first appearance and bond hearing. Police arrested him after the Friday night fatal shooting of 18-year-old Premila Lal on suspicion of reckless endangerment, child abuse and providing a firearm to a minor.

Visiting Judge Frederic Rodgers set a $50,000 personal recognizance bond and ordered conditions including no firearms, no drugs and alcohol, a waiver of extradition, instructions to remain in the state and comply with pretrial supervision, and no contact withthe victim's family without court approval. Because it is a personal recognizance bond, no money needs to be posted to secure Galley's release from jail.

According to Lal's father, Praveen Lal, Galley is a close family friend who was staying in a Lal family home on the 2500 block of Cambridge Drive to secure the house after the family moved to another family-owned home in Niwot last weekend. His daughter and 12-year-old nephew were planning to go to the Niwot High School homecoming football game on Friday night but instead sneaked into the house to play a prank on Galley and Premila Lal's 15-year-old brother, who were in the house.

Galley and the 15-year-old heard sounds in the house they suspected were from an intruder and searched the house with guns. When Premila jumped out at them from a hiding place in a closet, Praveen Lal said, Galley fired. Galley and the others took her to Longmont United Hospital, where she was pronounced dead shortly after 9 p.m., about an hour after the shooting.

Blindness is a disability. You are disabled simply by being blind. There is no chance one can live a fully functional life. Heck, poor eyesight is a disability. Even more so, many professions reject candidates for what is considered less than good eyesight.

The fantasy among gunloons is that an attacker will grapple with a person with disabilities and in the ensuing struggle, said disabled person will get a few shots off, centermass. Of course, reality shows it is often very difficult for even fully-abled persons to make such a distinction/

Want to see how absurd the pro-gun position is: meet Newslo. Newslo is a hybrid news site: unlike sites such as Newsthump, Daily Mash, Onion, etc. which try to satire the news. Newslo takes a story and mixes fact with fiction.

“If firearms are so dangerous, how could one man bring an automatic weapon into a school full of children and not injure or kill a single one of them? Even after shots were fired, nobody was hurt, so how dangerous could an AK-47 be?”

“It’s sort of like a necessary numbness coming back, after the terrible exposure that was last week,” remarked Ed Norcross, a Baltimore Police officer. “Every shooting brings us a little closer to normalcy, to healing. I think that’s what the nation needs right now.”

Yep, all the people who die from guns are just the cost of freedom. And we all know that freedom isn't free--even if the cost is a bunch of six year olds puréed by an AR-15!

Anyway, at the bottom of the story there is the option to show or hide what is true!

I now understand the gun loon arguments which are based upon the science of pataphysics--they are satire and you've been had!